Statement of Michael Bender, Plaintiff
WASHINGTON, June 5 /PRNewswire-USNewswire/ -- "After 32 years of delay, the Food and Drug Administration has finally agreed to comply with the law and set a date to classify mercury amalgam as a substance that poses a health risk to pregnant women and unborn babies, and children. This about-face resulted from settling, earlier this week, our lawsuit, Moms Against Mercury et al. v. Von Eschenbach, Commissioner, et al. The FDA must now finish classification within one year of the close of the public comment period on its amalgam policy, that is, by July 28, 2009. The FDA also agreed to and, with uncharacteristic speed, has already changed its website on mercury amalgam -- dramatically.
Gone are all of FDA's claims that no science exists that amalgam is unsafe, or that other countries have acted for environmental reasons only, or that the 2006 FDA advisory panel affirmed amalgam's safety, all of which are untrue. Instead, the FDA has moved to a more neutral course, while still recognizing the serious health risks posed by amalgam in particular for children and unborn children, for pregnant women, and for those with mercury immuno-sensitivity.
The Updated June 3, 2008 FDA website (see: http://www.fda.gov/cdrh/consumer/amalgams.html) now states, for example:
"Dental amalgams contain mercury, which may have neurotoxic effects on the nervous systems of developing children and fetus."
"Pregnant women and persons who may have a health condition that makes them more sensitive to mercury exposure, including individuals with existing high levels of mercury bioburden, should not avoid seeking dental care, but should discuss options with their health practitioner."
In September 2006, an advisory panel to the FDA reviewed FDA's research
and heard presentations from the public about the benefits and risks of
mercury and a
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